Terms and Conditions

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you).  We are Gwisk Lowen ltd whose trading name is Gwisk Lowen a company registered in England and Wales under number 11182891.  We can be contacted by email: hou@gwisklowen.co.uk or by phone: 07821685495.
  2. These are the terms on which we sell all Goods to you.  By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
  3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
  4. Contract means the legally-binding agreement between you and us for the supply of Goods;
  5. Delivery Location means the location where Goods are to be supplied, as set out in the Order;
  6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
  7. Goods means the goods advertised on the Website that we supply to you of the number and description set out in the Order;
  8. Order means the Customer’s order for the Goods from the supplier as submitted following the step by step process set out on the Website;
  9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
  10. Website means our website www.gwisklowen.co.uk on which the Goods are advertised.
  11. The description of the Goods is as set out in the Website.
  12. All goods which appear on the Website are subject to availablility.
  13. We retain and use all information strictly under the Privacy Policy.
  14. We may contact you using your contact information provided.
  15. The description of the Goods in our website does not constitute a contractual offer to sell the Goods.  When an order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
  16. The Order process is set out on the Website.  Each step allows you to check and amend any errors before submitting the Order.  It is your responsibility to check that you have used the ordering process correctly although we will do our best to sort out any mistakes.
  17. A contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation).  You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.  We are not responsible for any inaccuracies in the Order placed by you.  By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation).  You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied after the Contract.
  18. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing (via email).
  19. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing (via email).
  20. You must pay before delivery of Goods can take place.
  21. Sending items within the UK.  We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
  22. Sending items outside of the UK.  We are happy to send items outside of the UK at cost but we will not be responsible for any extra fees or costs associated with your package.  If parcels are returned due to non payment of fees and fees are charged for returned items then they will be deducted from any refund owed.  Please note that any delivery estimates given for delivery, particularly international delivery, are only estimates and delays can happen.  We will do everything we can to keep you informed and we will provide tracking where possible.  If items are not received by the expected delivery date they will be considered lost after a further 28 days has passed.  A refund in full will then be given if the item has still not arrived.
  23. If you fail , through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of redelivering them.
  24. The Goods will become your responsibility from the completion of delivery or Customer collection.  You must, if reasonably practicable, examine the Goods before accepting them.
  25. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  26. You do not own the Goods until we have received payment in full.
  27. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  28. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
  29. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the Goods.
  30. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (via email).
  31. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
  32. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop), this includes contamination by odour including but not limited to cigarettes and fire.  This is because you are liable for that loss and, if that deduction is made, you must pay us the amount of that loss.
  33. For hygiene reasons underwear, swimwear, bedding and food items cannot be returned.
  34. If you choose to return an item you are liable for all return postage costs.  We will reimburse you without undue delay and within 14 days of receiving the returned goods.  You may use our returns service to send items back to us, there will be a charge of £2.75 for this service and this will be deducted from any refund due.
  35. Postage costs will not be refunded on items where delivery is refused.
  36. If items are returned from outside the UK due to non payment of fees then any extra charges incurred will be deducted from any refund owed.
  37. If we are unable to supply the Goods or you choose to cancel the Order before Goods have been despatched, we will make the reimbursement without undue delay and not later than 14 days after the day that the Order is cancelled.
  38. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  39. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Wesley House, Bay Tree Hill, Liskeard, Cornwall, PL14 4BG without delay and in any event no later than 14 days from the day you received the Goods.  The deadline is met if you send back the Goods before the period of 14 days has expired.  You agree that you will have to bear the cost of returning the Goods.
  40. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  41. Upon delivery, the goods will: be of satisfactory quality; be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
  42. It is not a failure to conform if the failure has its origin in your materials.
  43. In the event of any failure by a party because of something beyond its reasonable control: the party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
  44. The Supplier does not exclude liability for (i) and fraudulent act or omission; or (ii)for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.  Subject to this, the Supplier is not liable for (i)loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii)loss (eg loss of profit) to the Customer’s business trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
  45. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  46. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  47. We try to avoid any disputes so if you are at all unhappy with any aspect of the service you have received please contact us as soon as possible so that we can help.
  48. Payment plans are offered, a 10% or 20% non-refundable deposit must be paid for all items in the payment plan.  An invoice for the balance owed will be sent within 72 hours, this balance must be paid in full before items will be sent.  Customers will have up to three calendar months in which to pay the balance of the order.  If the balance is not paid then the 20% deposit will be kept by Gwisk Lowen. Any extra money paid towards the balance will be refunded.
  49. Christmas payment plans have an extended payment period and must be paid by the 15th of November otherwise the order will be cancelled. The 20% deposit will be kept and any extra money paid will be refunded.
  50. Sling hire: carriers can be borrowed from Gwisk Lowen for a fee of £50 for two weeks. This includes postage to the person hiring the carrier, the carrier must be sent back at the expense of the person who rented it.  Once the carrier has been returned the customer will either receive a £50 credit voucher for Gwisk Lowen or a £40 refund (it is up to the customer to choose). Carriers must be returned in the same condition that they were received in. If carriers are damaged in any way (including by smell) then part of the deposit will be kept in order to fix the damage or to go towards replacing the carrier. If carriers are returned late there will be a £10 charge for each additional 2 weeks of hire.  2 weeks is calculated from the date of delivery until the date the carrier is posted back.